[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Proposed Rules]
[Pages 26165-26166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10909]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2007-1158; FRL-9147-5]
RIN 2060-AO71


Regulation of Fuels and Fuel Additives: Alternative Affirmative 
Defense Requirements for Ultra-Low Sulfur Diesel and Gasoline Benzene 
Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

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SUMMARY: EPA is issuing a proposed rule to amend the diesel sulfur 
regulations to allow refiners, importers, distributors, and retailers 
of highway diesel fuel the option to use an alternative affirmative 
defense if the Agency finds highway diesel fuel samples above the 
specified sulfur standard at retail facilities. This rule also proposes 
to amend the gasoline benzene regulations to allow disqualified small 
refiners the same opportunity to generate gasoline benzene credits as 
that afforded to non-small refiners.

DATES: Comments: Comments must be received on or before June 10, 2010. 
Under the Paperwork Reduction Act, comments on the information 
collection provisions must be received by OMB on or before June 10, 
2010.
    Hearings: If EPA receives a request from a person wishing to speak 
at a public hearing by May 26, 2010 , a public hearing will be held at 
a time and location to be announced in a subsequent Federal Register 
notice. To request to speak at a public hearing, send a request to the 
contact in FOR FURTHER INFORMATION CONTACT.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-1158, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-9744
     Mail: Air and Radiation Docket, Environmental Protection 
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
     Hand Delivery: EPA Docket Center, Room 3334, EPA West 
Building, 1301 Constitution Avenue, NW., Washington, DC, Attention Air 
Docket ID No. EPA-HQ-OAR-2007-1158. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Comments should be submitted according to the detailed instructions 
in the ADDRESSES section of the corresponding Direct Final Rule located 
in the ``Rules'' section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Jaimee Dong, Compliance and Innovative 
Strategies Division, Office of Transportation and Air Quality, Office 
of Air and Radiation, Environmental Protection Agency, Mail Code 6405J, 
1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: (202) 
343-9672; fax number: (202) 343-2800; e-mail address: 
Dong.Jaimee@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing this proposed rule?

    EPA is issuing a proposed rule to amend the diesel sulfur 
regulations to allow refiners, importers, distributors, and retailers 
of highway diesel fuel the option to use an alternative affirmative 
defense if the Agency finds highway diesel fuel samples above the 
specified sulfur standard at retail facilities. This rule also proposes 
to amend the gasoline benzene regulations to allow disqualified small 
refiners the same opportunity to generate gasoline benzene credits as 
that afforded to non-small refiners.
    We have also published a direct final rule to make these same 
amendments in the ``Rules and Regulations'' section of this Federal 
Register because we view this as a non-controversial action and 
anticipate no adverse comment. We have explained our reasons for this 
action in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If EPA receives adverse comment on a distinct 
provision of this rulemaking, we will publish a timely withdrawal in 
the Federal Register indicating which provisions of the direct final 
rule we are withdrawing. The provisions that are not withdrawn will go 
into effect on the effective date noted in the DATES section of the 
direct final rule, notwithstanding adverse comment on any other 
provision. We would address all public comments in any subsequent final 
rule based on this proposed rule.
    We do not intend to institute a second comment period on the 
action. Any parties interested in commenting must do so at this time.
    The regulatory text for the proposal is identical to that for the 
direct final rule and is published in the ``Rules and Regulations'' 
section of this Federal Register.

II. Does this action apply to me?

    Entities potentially affected by this action include those involved 
with the production, importation, distribution, marketing, or retailing 
of diesel fuel and production of gasoline. Categories and entities 
affected by this action include:

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                   Category                     NAICS Codes \a\    SIC Codes \b\                 Examples of potentially regulated entities
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Industry.....................................            324110              2911  Petroleum Refiners.
Industry.....................................            422710              5171  Diesel Fuel Marketers and Distributors.
Industry.....................................            484220              4212  Diesel Fuel Carriers.
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action; however, other types of entities not listed in the table could 
also be affected. To determine whether your entity is affected by this 
action, you should examine the applicability criteria of Parts 79 and 
80 of title 40 of the Code of Federal Regulations. If you have any 
questions regarding applicability of this action to a particular 
entity, consult the person in the preceding FOR FURTHER INFORMATION 
CONTACT section.

[[Page 26166]]

III. Statutory and Executive Order Reviews

    For a complete discussion of all the administrative requirements 
applicable to this action, see Section IV in the direct final rule 
amending the diesel sulfur regulations and gasoline benzene regulations 
in the ``Rules and Regulations'' section of this Federal Register. The 
following discussion is related to the information collection 
requirements under the Paperwork Reduction Act.
    The modifications to the diesel sulfur information collection 
requirements in this rule have been submitted for approval to the 
Office of Management and Budget (OMB) under the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. The information collection requirements are 
not enforceable until OMB approves them.
    This proposed rule provides refiners, importers and distributors of 
ULSD highway diesel fuel with additional flexibility to comply with the 
diesel sulfur regulations. The flexibility afforded under this rule is 
optional. Modest information collection requirements in the form of 
reports for noncompliant diesel sulfur samples are required for those 
parties who avail themselves of the flexibility provided in this rule.
    The estimated hourly burden per respondent for the diesel surveys 
is 16 hours. The estimated annual hourly burden is 320 hours for all 
respondents (assuming 20 respondents per year). The estimated hourly 
cost is $71 per hour. The total estimated cost per respondent is 
$1,136. The total estimated cost for all respondents is $22,270.
    The information under this rule will be collected by EPA's 
Transportation and Regional Programs Division, Office of Transportation 
and Air Quality, Office of Air and Radiation (OAR), and by EPA's Air 
Enforcement Division, Office of Regulatory Enforcement, Office of 
Enforcement and Compliance Assurance (OECA). The information collected 
will be used by EPA to evaluate compliance with the requirements under 
the diesel sulfur program. This oversight by EPA is necessary to ensure 
attainment of the air quality goals of the diesel sulfur program.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is 
approved by OMB, the Agency will publish a technical amendment to 40 
CFR part 9 in the Federal Register to display the OMB control number 
for the approved information collection requirements contained in this 
direct final rule.
    Today's rule also amends the gasoline benzene regulations to allow 
disqualified small refiners the same opportunity to generate gasoline 
benzene credits as that afforded to non-small refiners. The amendment 
to the gasoline benzene regulations does not impose any new information 
collection burden. However, the Office of Management and Budget (OMB) 
has previously approved the information collection requirements 
contained in the existing gasoline benzene regulations at 40 CFR part 
80, subpart L, under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. and has assigned OMB control number 2060-0277. The 
OMB control numbers for EPA's regulations in 40 CFR are listed in 40 
CFR part 9.

IV. Statutory Provisions and Legal Authority

    Statutory authority for the fuel controls set in this proposed rule 
comes from sections 211 and 301(a) of the CAA.

List of Subjects in 40 CFR Part 80

    Environmental protection, Air pollution control, Fuel additives, 
Diesel, Gasoline, Imports, Incorporation by reference, Labeling, Motor 
vehicle pollution, Penalties, Reporting and recordkeeping requirements.

    Dated: May 3, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-10909 Filed 5-10-10; 8:45 am]
BILLING CODE 6560-50-P